Chapter 16: Personal Jurisdiction

Brennan’s Asahi Concurrence for Stream of Commerce

D aware product is going to forum through the stream

Ginsburg Nicastro dissent for stream of commerce

D being aware product is going to forum through the stream may be enough, OR maybe requires that D targets US as a whole

Breyer Nicastro concurrence

D aware product going to forum through the stream, as long as (a) more than a few sales OR (b) additional marketing conduct

Kennedy (Nicastro plurality), O Connor (Asahi plurality), White (WWW majority)

D is aware of the stream, plus additional targeting conduct, directed toward that particular state

relatedness

 claim asserted against the def must arise out of/relate to the def’s contacts with the forum state

in rem

proceeding concerns the ownership of attached property

binds the whole world as to that property

quasi in rem

binds only a particular person to property ownership—does not bind nonparties

2 types:

1. proceedings concerns the ownership of attached property

   1. proceedings are NOT related to attached property

Pure in rem

property v. world

admiralty, forfeiture, probate

min contacts exists for this type of suit bc property in the state is sufficiently related to the dispute

QIR 1

specific P v. Another P for rights in property

quiet title

min contacts exist for this type of suit bc property in the state is sufficiently related to the in personam dispute

QIR 2a

plf walking across D land & is hurt by negligent maintenance of property

negligence lawsuit

min contacts exist for this type of suit bc property in the state is sufficiently related to the in personam dispute

QIR 2b

action is unrelated to the property

satisfy a judgment

no min contacts bc property in the state is unrelated to the in personam dispute

general jurisdiction

domicile= perm residence + intent to remain or return

corporation: PPB, state of incorporation

tag jurisdiction— Scalia Approach

due process satisfied by tradition

transient jrd satisfies traditional basis bc the D physically present & served with process while in the forum

tag jurisdiction—Brennan Approach

due process satisfied by fairness, transient jrd, he would use min contacts

persons who have voluntarily and knowingly spent time in forum state

specific jurisdiction

D must have sufficient min contacts

show by: purposeful availment

purposeful availment

D’s contact with forum cannot be accidental

Int Shoe min contacts test

PJ is okay if the D has such minimum contacts with the forum so that jrd does not offend traditional notions of fair play and substantial justice.

constitutional grant for specific jrd

min contacts test

statutory grant for specific jrd

look at long-arm statute

Pennoyer principles

1. every state possesses exclusive jrd and sovereignty over persons and property within its territory

   1. no state can exercise direct jrd and authority over persons or property without its territory

exceptions to Pennoyer basic principles

consent

rem or quasi in rem